Then it would be reasonable and necessary to refuse partial payment to evict for cause i.e. failure to pay rent.
reviewing Florida Civil law it appears even in a month to month they require "cause" to evict. Being late with rent payments on several occasions a good enough cause? Anybody with Fl eviction law experience..?
Personally if they were just late and having to pay partial, give them a specific date 5 to seven days or so to come up with the balance IN WRITING, if they fail START EVICTION PROCESS.
I am not sure what your point is. Why do you want to refuse when a tenant is trying to pay you some rent? Since they are delinquent with the balance, you could certainly initiate a pay or quit notice on the balance.
Keep in mind that turnovers are expensive so you might not want to jump to an eviction posture immediately. When a tenant offers me partial payment, I immediately ask why. I then follow with asking when the balance will be paid. If I agree to this then I tell them that payment must be made when they say. It is important that you understand the underlying reason so you can determine if this is an unusual circumstance or the beginning of chronic delinquency.
Just to clear things up, this tenant is often late. Is a strong complainer with minor discrepancies and getting on my nerves. I have my answer......thanks for all the quick replies.
I have one tenant who pays me every two weeks. He is a good guy, good tenant, never any trouble and always calls me to tell me he has his payment. He is struggling financially, but he goes to work and always pays his two payments on time so I have no problem being flexible with his payments. I think a good tenant earns some consideration, a bad one does not and gets the boot.
I agree with #2 on the previous post. Evictions in FL are not hard, cost around $100.00..here is a link to the 2005 FL Tenant/ Landlord Laws
megalaw.<com> look for Fl Statutes Chapter 83, select view the entire chapter. Read the entire Doc (twice!)[ Edited by Waylon on Date 12/15/2005 ]
I posted this same question before I finally bought software. I went to Ebay and bought Real Tools for $60.00. Has everything I need so far. From entering any kind of information to printing out reports individually. Was worth the money to try out and turned out to be the only software I need. There is even a website and user forum for the software.
I have to second the Realtools recommendation. Like you have said it has unlimited properties ( this helps because I also have mini-storage units as well as residential rental property) and I get unlimited reports and the support has been wonderful when I have had questions.
I also recommend you let him out of the lease and return the deposits, less any damages of course. Going off to war is not a fun thing to do, especially during the holidays…not like in the movies.
Remember a military person also has special rights under the Soldiers and Sailors Act (old name); this is especially true when they receive orders to a new duty station or the ship leaves for deployment. (you might pick up a copy from the legal office at the base)
Do your patriotic duty, let him out, then immediately get the place ready for your next military tenant.
There was a thread about this very topic posted awhile back. One of the people suggested turning the situation around and going to the base and get your property on their list of available rentals. And as I recall, it was very worthwhile for them, in that the base kept their property rented with almost no vacancy. It might be worth looking into.
As an active duty Officer and landlord. I would expect to have to show orders to my landlord. They should be able to get orders or a letter from the command fairly quickly. If it will make you feel better - Tell them you need to have a copy to file in you records.
Hang in there ! I believe that this is the hardess time of the year to fill vacancies. Some suggestions would be to go check out the competition (if any). See what they are offering and for how much. I have seen some landlords offer incentives, for example: $ 100.00 off the first months rent.
Another suggestion is review your advertising methods. Ad in the paper(s), signs out front and maybe down the street, advertising in commercial areas that will allow it (Walmart/Home Depot tack boards, or maybe Starbucks for a more professional group, etc). Craigslist seems to work for some. Others may have more suggestions, too bad it is not located down SOuth; I could supply you with a line of decent tenants (for a nominal fee of course (jk) )
Then it would be reasonable and necessary to refuse partial payment to evict for cause i.e. failure to pay rent.
reviewing Florida Civil law it appears even in a month to month they require "cause" to evict. Being late with rent payments on several occasions a good enough cause? Anybody with Fl eviction law experience..?
Read here:
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/PART02.HTM
Personally if they were just late and having to pay partial, give them a specific date 5 to seven days or so to come up with the balance IN WRITING, if they fail START EVICTION PROCESS.
DanGentry,
I am not sure what your point is. Why do you want to refuse when a tenant is trying to pay you some rent? Since they are delinquent with the balance, you could certainly initiate a pay or quit notice on the balance.
Keep in mind that turnovers are expensive so you might not want to jump to an eviction posture immediately. When a tenant offers me partial payment, I immediately ask why. I then follow with asking when the balance will be paid. If I agree to this then I tell them that payment must be made when they say. It is important that you understand the underlying reason so you can determine if this is an unusual circumstance or the beginning of chronic delinquency.
Regards,
Ed
Just to clear things up, this tenant is often late. Is a strong complainer with minor discrepancies and getting on my nerves. I have my answer......thanks for all the quick replies.
I have one tenant who pays me every two weeks. He is a good guy, good tenant, never any trouble and always calls me to tell me he has his payment. He is struggling financially, but he goes to work and always pays his two payments on time so I have no problem being flexible with his payments. I think a good tenant earns some consideration, a bad one does not and gets the boot.
I agree with #2 on the previous post. Evictions in FL are not hard, cost around $100.00..here is a link to the 2005 FL Tenant/ Landlord Laws
megalaw.<com> look for Fl Statutes Chapter 83, select view the entire chapter. Read the entire Doc (twice!)[ Edited by Waylon on Date 12/15/2005 ]
Recent post on this topic here:
http://www.thecreativeinvestor.com/residential/ViewTopic51936-15-6.html
birchman2,
I posted this same question before I finally bought software. I went to Ebay and bought Real Tools for $60.00. Has everything I need so far. From entering any kind of information to printing out reports individually. Was worth the money to try out and turned out to be the only software I need. There is even a website and user forum for the software.
I have to second the Realtools recommendation. Like you have said it has unlimited properties ( this helps because I also have mini-storage units as well as residential rental property) and I get unlimited reports and the support has been wonderful when I have had questions.
I am very happy with Real Tools. Support is great and I they stand behind their product. I hope this helps.
What is it that you want your "property management:" program to do? If it is just "bookkeeping", a spreadsheet program is all you really need.
I also recommend you let him out of the lease and return the deposits, less any damages of course. Going off to war is not a fun thing to do, especially during the holidays…not like in the movies.
Remember a military person also has special rights under the Soldiers and Sailors Act (old name); this is especially true when they receive orders to a new duty station or the ship leaves for deployment. (you might pick up a copy from the legal office at the base)
Do your patriotic duty, let him out, then immediately get the place ready for your next military tenant.
John (LV)
There was a thread about this very topic posted awhile back. One of the people suggested turning the situation around and going to the base and get your property on their list of available rentals. And as I recall, it was very worthwhile for them, in that the base kept their property rented with almost no vacancy. It might be worth looking into.
Call me a jaded landlord, but I would want to see a copy of their orders. Things are not always as they appear or as they are told.
As an active duty Officer and landlord. I would expect to have to show orders to my landlord. They should be able to get orders or a letter from the command fairly quickly. If it will make you feel better - Tell them you need to have a copy to file in you records.
Mr Landlord has some good resources....
http://www.****This URL Not allowed****.com/
Jim
Try http://www.saferent.com
I use National Tenant Network as well and have been very pleased with the reporting and service
I used to use National Tenant but changed to Real Screening because of their internet problems. So far so good, if not better.
Hang in there ! I believe that this is the hardess time of the year to fill vacancies. Some suggestions would be to go check out the competition (if any). See what they are offering and for how much. I have seen some landlords offer incentives, for example: $ 100.00 off the first months rent.
Another suggestion is review your advertising methods. Ad in the paper(s), signs out front and maybe down the street, advertising in commercial areas that will allow it (Walmart/Home Depot tack boards, or maybe Starbucks for a more professional group, etc). Craigslist seems to work for some. Others may have more suggestions, too bad it is not located down SOuth; I could supply you with a line of decent tenants (for a nominal fee of course (jk) )